By Erica Peralta | Published April 16, 2024 | Posted in Superior Court | Tagged Tags: flooding, municipal stormwater maintenance, Negligence, stormwater maintenance, stormwater system | Comments Off on Over $20 million verdict for negligent stormwater management by Borough
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⟩ Over $20 million verdict for negligent stormwater management by Borough
Camden County jurors recently returned a unanimous $21.8 million verdict in a suit claiming negligent stormwater maintenance by the Borough of Haddonfield. The Borough’s negligence led to flooding that severely damaged four houses. On June 20, 2019, Plaintiffs properties were inundated by floodwaters and fecal matter caused by backups in the Borough’s stormwater management system. Read More
Read MoreNJ Supreme Court rules in favor of Emotional Support Dog
On March 13, 2024, the New Jersey Supreme Court unanimously ruled that the lower courts should not have dismissed a discrimination claim made by a disabled person against a condominium association. The case, Players Place II Condominium Association, Inc. v. K.P, involved an individual, “B.F.” and her spouse, “K.P.” who adopted an emotional support animal, Read More
Read MoreMOVING A PIER LOCATION IN NJ CAN CAUSE COMPLICATIONS.
A state appellate court has just upheld a DEP decision denying a homeowner’s application to move a pier by six feet from its prior location. The DEP held, and the Court agreed, that moving the pier resulted in its losing its “legacy status” and therefore new, more restrictive rules apply. The case is entitled Dunn Read More
Read MoreTHE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING
On February 5, 2024, the Appellate Division issued is decision In Re Appeal Of The New Jersey Department Of Environmental Protection’s September 6, 2022 Denial Of Request For Adjudicatory Hearing Under N.J.A.C. 7:26c-9.10, Dated May 12, 2022, Concerning The Department’s April 20, 2022 Notice Of Remediation In Progress Waiver Rescission. The question at issue was Read More
Read MoreMONITORING AN ACCESS EASEMENT WITH CAMERAS AND A RADAR DEVICE IS A PRIVATE NUISANCE, APPELLATE DIVISION FINDS
In a recent unpublished decision, the Appellate Division found that placing cameras and a speed detector in an easement to monitor the speed of the easement holder constituted an actionable private nuisance. In that case, Ursitti v. Wilson, 2024 N.J. Super. Unpub. LEXIS 197, the defendants lived on and operated a business out of a Read More
Read MoreFirst suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County
The matter Albert H. Wunsch, III, v. CTE Republicans for Englewood Cliffs, Mark Park, Zhi Liang, Rivka Biecagz, and Penny Rousouli, is currently in the Superior Court of Bergen County. The case concerns candidates in a local public election. Plaintiff instituted the action by way of an order to show cause after asserting that Defendants Read More
Read MoreAppellate Court upholds easement determination but declines to address conditions of permit
The appellate case, Benji and Russel Swan v. Stephen and Lila Lamanna, concerns an easement in which access to the last 200 feet is in question. Plaintiffs argued the trial court modify the easement by relocating it to allow plaintiffs’ access to Route 47. Defendants insist that the disputed 200 feet is their private driveway Read More
Read MoreCannabis Dispensary Application Properly Denied Under CRC’s Strict 2019 RFA Process, Appellate Division Holds
The Cannabis Regulatory Commission properly denied an application for a medical cannabis dispensary permit because the company did not submit sufficient information for each specific category considered in the agency’s application process, the Appellate Division held on December 20 in In the Matter of the Denial of Dispensary Permit Endorsement for Spectrym Consulting Group, LLC, Read More
Read MoreAppeals Court upholds NJDEP’s discretion in an Environmental Rights Act
The Appellate Division recently affirmed all the challenged orders below. In this matter, there are two actions that were consolidation. In the first action, the Township of West Caldwell (“Township”) challenged two orders. The first order awarded Defendants Carant Limited Partnership (“Carant”) and Anthony Pio Costa, III (“Pio”) summary judgment in an action under the Read More
Read MoreSupreme Court to hear oral arguments regarding EPA smog rule
The Supreme Court issued an order stating that while it would not yet decide whether to block the Environmental Protection Agency’s (“EPA”) smog rule from being effective, it would hear oral arguments on the matter during the upcoming February session. The oral arguments will include four related disputes over whether the EPA can implement a Read More
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